My client "Tom" has quit his job and is ready to start his own business.
I recently reviewed the noncompete he signed with his former employer, and it was interesting because his employer did not counter-sign it. Tom wanted to know if it was still enforceable.
The short answer is yes, because the employer fulfilled its obligation under the agreement. For there to be a contract, there must be an offer, acceptance and consideration. That’s it. Even if the employer didn’t sign it, it demonstrated acceptance by the way it conducted the relationship.
I advised Tom that the noncompete was enforceable and helped Tom understand his noncompete obligations.
My consultation with Tom took about 15 minutes. With this small investment, he avoided a potential lawsuit that could have cost him thousands.